Terms and Conditions

Terms of Service

1. You must use the Service only in accordance with these terms and conditions and the instructions, manuals or other materials regarding use of the Service that Clear Learning Systems makes generally available to its customers.

2. You must comply with all applicable laws during the exercise of your rights under these terms and conditions (including but not limited to all copyright and export laws).

3. You are responsible for maintaining the security of your account and password. Clear Learning Systems accepts no liability for any loss or damage from your failure to abide by this provision.

4. You are responsible for all content and materials posted to the Service and activity that occurs under your account.

Restrictions

1. You must not use the Service to store or transmit infringing, libellous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of third-party privacy rights.

2. You must not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs.

3. You must not interfere with or disrupt the integrity or performance of the Service.

4. You must not attempt to gain unauthorised access to the Service or its related systems or networks.

5. You may not use the Service for any illegal or unauthorised purpose.

6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service or any Clear Learning Systems product.

Ownership

1. You acknowledge that between you and Clear, Clear owns all right, title and interest in and to the Service and the accompanying documentation and all related modifications and enhancements.

2. You have no right to the Service except to the extent expressly granted in these Terms of Use. Clear reserves all right, title and interest in and to the Service.

3. Clear shall have a royalty-free, worldwide, transferable, sublicense-able, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the operation of the Services.

4. The Customer retains all ownership and rights to eLearning courseware and content that: a) Is tracked and reported on by the Customer instance of the LRS b) Is hosted on Clear servers for use by the Customer.

Liability and indemnity

1. We will not be liable to you or any other person for any loss of profits, loss of business, direct or indirect losses, damages, liabilities, costs and expenses sustained, suffered by you or any other party as a result of any breach by us of these terms, or arising from any act or omission (including negligence) by us, our employees, agents and sub-contractors, or arising from any use or mis-use by you or any other person of any Deliverables (including, without limitation, any use outside the Purpose).

2. No warranty is expressed or implied as to the quality or fitness of any Deliverables for any particular purpose or otherwise.

3. You agree to indemnify us against any and all losses, claims, costs, expenses, actions, demands, liabilities or any other proceedings, whatsoever incurred by us in respect of any claim by a third party arising from or connected to any breach by you of your obligations under this agreement or arising from any use or misuse by you or any other person of any Deliverables (including, without limitation, any use outside the Purpose).